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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Namavarapu Rajeshwar Rao
J.V. Sunder, Karimnagar Dist. – Appellant
Versus
Depot Manager, APSRTC – Respondent
| Table of Content |
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| 1. a detailed inquiry was conducted into the charges against the petitioner. (Para 3 , 4 , 5 , 10) |
| 2. acquittal in criminal proceedings highlights the need for careful examination in disciplinary actions. (Para 12 , 19 , 20) |
| 3. the decision to remove the petitioner is set aside with directions for reconsideration. (Para 27 , 28) |
ORDER :
Namavarapu Rajeshwar Rao, J.
This writ petition is filed aggrieved by the order dated 20.10.2005 passed by the Industrial Tribunal-cum- Labour Court, Godavarikhani, Karimnagar District (for short “the Labour Court”) in I.D.No.67 of 2004.
2. Heard Sri Ch.Jagannatha Rao, learned counsel appearing for the petitioner and Sri N.Chandrasekhar, learned Standing Counsel for TGSRTC.
3. The brief facts of the case are as follows :-
(a) The petitioner was appointed as a Conductor in the 1st respondent’s office on 27.02.1984 and his services were utilized in various categories from 1987 to 1990 and was later posted as System Supervisor in the Computer Section in the year 1990 and since then he has been discharging his duties regularly.
(b) While so, on 13.04.2002, the petitioner fell sick and joined duty on 16.04.2002 duly submitting a Medical Certificat
Dismissal from service after acquittal in criminal case raises due process concerns; disciplinary actions must consider the acquittal in related criminal proceedings.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
Disciplinary proceedings must adhere to natural justice principles. Acquittal in related criminal cases warrants reconsideration of departmental actions.
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